Is The Estoppel Of The New AIA Proceedings Worse Than Interference Estoppel?
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Headquartered within steps of the USPTO with an affiliate office in Tokyo, Oblon is one of the largest law firms in the United States focused exclusively on intellectual property law.
1968
Norman Oblon with Stanley Fisher and Marvin Spivak launched what was to become Oblon, McClelland, Maier & Neustadt, LLP, one of the nation's leading full-service intellectual property law firms.
Outside the US, we service companies based in Japan, France, Germany, Italy, Saudi Arabia, and farther corners of the world. Our culturally aware attorneys speak many languages, including Japanese, French, German, Mandarin, Korean, Russian, Arabic, Farsi, Chinese.
Oblon's professionals provide industry-leading IP legal services to many of the world's most admired innovators and brands.
From the minute you walk through our doors, you'll become a valuable part of a team that fosters a culture of innovation, client service and collegiality.
The United States Patent and Trademark Office (USPTO) issued final rules implementing the inventor's oath or declaration provisions of the America Invents Act (AIA) on August 14, 2012.
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October 27, 2023
The Leahy-Smith America Invents Act, Public Law 11-29 (Sept. 16, 2011) (hereinafter referred to as "the AIA") created new tools to challenge patents at the U.S. Patent and Trademark Office (hereinafter referred to as "the PTO"). These tools include the inter partes reviews, post-grant reviews, and transitional covered business method patent reviews (hereinafter referred to as "CBM reviews"), all of which have been promised to be faster and lower-cost alternatives to infringement litigation and ITC proceedings. These new proceedings have many benefits, and the public is already making some use of them. However, they come with what many perceive to be a significant drawback that has received much attention in the blogosphere. Once one of the proceedings reaches a final written determination that a claim is not unpatentable on the ground or grounds raised in that proceeding, the petitioner is forever foreclosed from making any other subsequent attack on that claim in the PTO on any ground that was raised or reasonably could have been raised in that proceeding. This is known as post-grant proceedings estoppel, and it is found in 37 CFR 42.73(d).
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